With video interview: Macomb's Viviano a Supreme Court justice

Macomb County Chief Judge David Viviano named Feb. 27 the next Michigan Supreme Court justice by Gov. Rick Snyder.

Viviano, 41, will fill the seat left vacant by the resignation of former Justice Diane Hathaway and is the first high court justice to hail from Macomb County since the 1950s.

Snyder announced the appointment at a Lansing press conference attended by Viviano’s family, including his father, Judge Antonio Viviano, and sister, Judge Kathryn Viviano, as well as many officials.

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Snyder said during the live-streamed event that Viviano clinched the appointment by “earning his way onto the bench” and praised his commitment to “rule of law.”

“He’s truly a rule-of-law judge, which is critically important,” Snyder said. “Judge Viviano has a distinguished record of judicial integrity and innovation. His deep respect for the judicial branch of government and his commitment to the rule of law will serve Michigan well. I have every confidence that he will be a compassionate, principled justice.

Snyder introduced the new justice, who stepped up to the podium.

“It’s a tremendous honor for me and a tremendous honor for my entire family,” Viviano said. “Our family really does have a proud tradition of public service. That’s how I was born and raised. And I can’t think of a better opportunity than the one the governor has now given me to continue that service and do it on a statewide basis.”

Local legal industry and political officials met the announcement with pleasant surprise and bursting pride.

Macomb County Bar Association President Dana Warnez, who has worked with and appeared in front of Viviano for about 15 years, said the choice reflects well on Macomb County but is a loss for the county, too.

“It’s a great day for Macomb County, but it means we have lost a great jurist,” she said. “He was diligent, innovative and hard-working as a young lawyer in private practice, and he brought those important qualities to the bench. The Macomb County legal community is very proud of him.”

Circuit Judge John Foster, who will temporary fill Viviano’s role as chief judge, said he noticed hints of the appointment in recent days but wasn’t sure.

“This is really a big shocker to have one of our judges appointed to the Supreme Court. This is big time,” Foster said. “It’s a rare thing and a real tribute to his qualifications. I’m very ecstatic for him. We’re going to enjoy this euphoric feeling for a day or two, or maybe just tonight, before we get down” determining how to temporarily replace Viviano.

Foster praised Viviano’s integrity and work ethic.

County Executive Mark Hackel, who attended the press conference, said Macomb County residents should be proud.

“It’s also a huge statement about Macomb County and says something about the great, credible people we have in Macomb,” Hackel said. “All too often, you hear about people in a negative context for doing something wrong and we don’t do enough to recognize the good individuals.”

Viviano is a Republican, and the appointment gives conservatives a 5-2 majority on the Supreme Court after Hathaway resigned in disgrace in January. Hathaway, a former Wayne County judge, pleaded guilty to a charge of felony bank fraud for an alleged scheme to avoid paying a $600,000 mortgage debt by hiding assets from her lender. She took office in 2009.

While praised locally, the appointment “somewhat surprised” Michigan political analyst Bill Ballenger, who called it a “rather risky” choice. He said he believed Snyder would select someone with better chances of winning election in 2014 when Viviano must run. Oakland County Circuit Court Judge Colleen O’Brien was widely speculated as a top choice. She finished third last November in the race for two seats on the high court.

“I’m not shocked, but I’m somewhat surprised,” Ballenger said. “I have my doubts. It’s not a well-known name. He’ll have a tougher time than other appointees might have had.

“The plus side of it is David Viviano, from what I understand, is a rock-solid conservative choice … who will rule in the way that Snyder and most Republicans would approve of.”

Viviano said he believes he is the first justice of Lebanese descent. His mother, Alice, is Lebanese. His father is Italian, and he may be the first Italian-American justice.

Michigan Bar Association President Bruce Courtade, a Grand Rapids-based attorney, said the announcement didn’t take him off-guard.

“One thing I’ve learned after 25 years … is to not be surprised about who comes through an appointment process,” he said. “A lot of times the names thrown out there aren’t really the names under consideration.”

He said he doesn’t know Viviano personally, but commended Viviano’s reputation and applauded Snyder for utilizing the Judicial Quality Committee, which rated the finalists.

“I’ve heard his name for years as somebody who is well-respected that lawyers like to appear in front of,” he said.

In explaining the appointment, Snyder said, “This is about merit.”

He noted Viviano worked at well-respected law firms, Dickinson Wright PLLC in Detroit and Jenner & Block LLC in Chicago, before starting his own firm in Mount Clemens. He also served as city attorney for Center Line.

Viviano in 2004 was defeated by Eric Smith for Macomb County prosecutor. Two years later, he won the circuit judge post. He was unopposed last fall when he won a new two-year term.

In 2008, he was selected by the Michigan Supreme Court to participate in a pilot project to reform the jury system. Several of those enhancements were adopted by the Supreme Court and are being used by judges statewide.

Snyder emphasized Viviano’s efforts to improve technology in the justice system, and Viviano said he looks forward to fostering upgrades.

“I do have some mixed feelings about leaving Macomb County and leaving a lot of the important work and things we were doing administratively at the court,” Viviano said. “But one of the things that gave me some solace was the idea I would be able to use that experience administratively to work with the governor and the chief justice to shape the court system on a statewide basis to do a lot more things with technology and with efiling.”

“He came up with a lot of great ideas,” she said. “We have a lot of projects under way that he started that we will continue.”

Viviano pushed for expanding and contracting for a new efiling system as well as consolidation. Macomb Probate has been reduced from two to one judge and will eventually be relocated from the outskirts of Mount Clemens to the court building downtown.

Viviano graduated from De La Salle in Warren, Hillsdale College and the University of Michigan Law School.

Viviano and his wife, Neran, have two children and are expecting a third in July.

Viviano’s father, Antonio Viviano, served as a probate judge from 1993 to 2002 and as a circuit judge from 2003 to 2010. He has been serving as a visiting judge, including substituting for his son Tuesday morning. His sister was elected in fall 2010. His brother, Joe, is a Mount Clemens-based attorney.

David Viviano will not only have to run in 2014, but if he wins must seek re-election in 2016.

Viviano’s photograph by late Wednesday afternoon was already on the state Supreme Court website, and Viviano said he expects to participate in the court’s next session beginning next Tuesday.

Meanwhile, it is expected Snyder will appoint a judge to replace Viviano. Foster said he hopes that can occur soon. During the interim, Macomb may have to pay visiting judges to sit in Viviano’s place.

The Supreme Court likely will soon vote to appoint a new chief judge of the Macomb court.

The first Macomb judge to serve on the Supreme Court was Neil Reid of Bruce Township. He served from 1944 through 1956.